The 16th
Law Commission of India, headed by Shri Justice M. Jagannadha
Rao, has taken up the study of environmental laws intended to
set up environmental courts in the country. The study on the subject
is in progress.
This follows
the Supreme Court of India judgement in A.P. Pollution Control
Board (II) Vs. Professor M.V. Naidu (Retd.) and Others in 2000.
The apex court in the impugned judgement had said, "In as
much as most of the statutes dealing with environment are by Parliament,
we would think that the Law Commission could kindly consider the
question of review of the environmental laws and the need for
constitution of Environmental Courts with experts in environmental
law, in addition to judicial members, in the light of experience
in other countries".
The impact of
proposed environmental courts on the cases pending in the High
Courts and the Supreme Court will be felt when environmental courts
are set up and their powers, jurisdiction and procedure worked
out.
The proposed environmental
courts will be in tune with the emerging globalization of Indian
economy with a growing concern for protection of environment and
ecological balance.
